Ongoing legal action that challenges the 2019 Goodman mayoral process will officially move forward to the U.S. Supreme Court or die on Feb. 26.
That day will be the 16th day in a process that allows plaintiff J.R. Fisher and his attorney, William Weber, to apply to have the case transferred to the U.S. Supreme Court.
Fisher filed a lawsuit on May 4 in McDonald County after losing as a write-in mayoral candidate in the April 4 Goodman mayoral race. Greg Richmond, an incumbent, was declared the winner, but Fisher insisted that 13 vital votes would have turned the election.
McDonald County Circuit Judge Gregory Stremel dismissed his case in the summer, and Fisher's attorney then filed an appeal on Sept. 10. The notice of appeal was directed to the Court of Appeals, Southern District, in Springfield, McDonald County Circuit Clerk Tanya Lewis said at the time.
Right after the first of the year, Richmond resigned as mayor. Fisher then was officially appointed Goodman mayor on Jan.13.
Richmond's attorney, Aaron Farber, filed for a Motion to Dismiss as to Moot on Jan. 24, according to public records with the Court of Appeals, Southern District Court.
The case was disposed of on Feb. 10. A clerk with the Court of Appeals, Southern District Court, said on Monday afternoon that 15 days are allowed, from that date, for the other party to make an application for the case to be transferred to the Supreme Court.
If an application is not made in that time frame, the judge will mandate the case's dismissal on the 16th day.
Court records indicate that a note, "Lack of Appellate Jurisdiction," was entered on Feb. 10.
That means that the Judge did not have a judgment in place to review, the clerk said. "There was nothing to rule on," she said.
General News on 02/27/2020